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ARTICLE · 17 MAY 2015

Fair Work Commission decision approves driver monitoring system

Holding Redlich
Holding Redlich
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Holding Redlich

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We discuss Toll North Pty Ltd & Anor v Transport Workers' Union of Australia [2014] FWC 2945.

AustraliaEmployment and HR
Danella Wilmshurst (Formerly With Holding Redlich)
Danella Wilmshurst (Formerly With Holding Redlich)
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A recent decision of the Fair Work Commission (FWC) has confirmed that a driver monitoring system that films vehicle operators as they work can be lawfully installed in Australian heavy vehicles.

Facts of the case

In Toll North Pty Ltd & Anor v Transport Workers' Union of Australia [2014] FWC 2945 (Melbourne, 22 July 2014), Commissioner Gregory determined that there was no barrier to Toll North Pty Ltd and Toll Transport Pty Ltd (Toll) installing both outward-facing and driver-facing cameras in its vehicles throughout Australia.

Toll began installing these camera systems into its vehicles in 2011, but had encountered opposition to the driver-facing camera within Victoria. The Victorian Branch of the Transport Workers' Union (TWU) opposed the change and said that it amounted to an invasion of privacy.

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